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TERMS AND CONDITIONS

1. DEFINITIONS

1.1 For purposes of these Terms of Use, the following terms shall have the meanings as specified below:
«GM» or «We», «us» or derivatives of this words mean the company Genesis Markets LTD which is the copyright owner of the Website and has registered address Roosikrantsi tn 2-333K, Kesklinna district, Tallinn city, Harju county, 10119.
«Services» means  the technical services reflected in clause 4.3 of this Terms and Conditions, provided on the Web-site controlled by GM which are allowed to the Users under certain terms of service.
«User» or «You» or derivatives of this words means You or any person or entity who uses the Website and is one of the Parties to the present Terms of Use and who is not FATCA REPORTABLE PERSON. User shall accept and comply with all the conditions of the present Terms of Use.
«FATCA REPORTABLE PERSON» — is a citizen of the United States of America or a US resident.
«You» means You as a Website User ('Your' and 'Yours' shall be construed accordingly).
«Terms» means these Terms of Use which constitute the entire agreement between GM and the User, as well as updated, modified and/or amended future versions thereof as now or hereafter in effect.
«Website» means  https://genesismarkets.io
«Content» means any content, including text, audio files, images, pictures, video and/or any other type of information or communication.
«Trademarks» means trademark and service mark names, logos, domain names and other distinctive features of trademarks of their respective owners (or license holders).
«Intellectual Property Rights» means patents, patent applications, designs, trademarks and trade names (registered and unregistered), copyrights and other similar rights, database rights, technology, know-how and confidential information, all other intellectual property rights and similar or equivalent rights anywhere in the world that exist now or may exist in the future, as well as applications, alterations and amendments to any of the above rights.

1.2 Words used in singular form include the plural, and vise versa, as appropriate.

1.3 Any words following the terms (in any form) «including», «among other things», «in particular» and similar expression shall be construed as illustrative and not limiting the meaning of the words preceding those terms.

2. INTRODUCTION

2.1. These Terms of Use, as well as updates hereof, constitute the entire agreement between You and GM and govern the terms on which You can use the Website and its Services.
By making a click in on the tick box «Accept» or a similar button or an appropriate link and/or by using the Website, you agree to the Terms.
The User who has not agreed to be bound by these Terms of Use shall have no right to use the Website and its Services.
The Website is available for use by persons aged 18 and older. By accepting this Terms you stipulate that you are 18 years old or above.

2.2. These Terms of Use will automatically cease to be effective if it appears that You are (a) not an Website User, or (b) under the age of 18, or © a person who is not allowed to use the Website in accordance with the laws of any country, including the country of Your residence or intended use of the Website.

2.3. You acknowledge and agree that by accepting these Terms of Use you enter into a legally binding agreement with GM.

2.4. You hereby consent to the use of electronic communication in order to enter into agreements, contracts, make payments, place orders and other records, as well as to the electronic delivery of notices, policies and records of transactions initiated or completed via the Website.

2.5. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original non-electronic signature or delivery or retention of non-electronic records, to the extent permitted by applicable mandatory law.

2.6. If You are a resident of a jurisdiction where the use of the Website or Services is prohibited by law due to different requirements do not use the Website.

2.7. Use of the Website requires compatible devices (computer, mobile phone, etc.) and Internet access. The Website may use Your computer (or other device) resources, including, but not limited to, CPU, memory and network connectivity to ensure the functionality of the Website. GM will make commercially reasonable efforts to protect the privacy and integrity of Your computer resources and Your communications. However, You acknowledge and agree that GM cannot give any warranties in this respect.

3. USE OF THE WEBSITE

3.1. You agree to provide accurate and complete information when You register on, and as You use, the website, and You agree to update Your personal data to keep it accurate and complete. Your personal data will be kept in accordance with the   Privacy Policy of GM. [a]

3.2. You agree that GM may, in its sole discretion and without prior notice, suspend or terminate the provision of any Services or access to the Website (or its functions) to You personally or all Users.

3.3. GM may engage the services of consultants and other contractors in connection with the performance of obligations and exercise of rights under these Terms of Use, provided that such consultants and contractors will be bound by the same obligations as GM.

3.4. GM may discover that your activity on the web-site seems to be fraudulent and in such a case GM is entitled to terminate any relationship with you immediately and limit the access to your GM note or it’s derivatives.

3.5. You agree to use the Website only for purposes that are permitted by (a) these Terms of Use, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions, and in accordance with moral principles and rationality. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the materials, products and services.

3.6. You agree that You will not engage in any activity that interferes with or disrupts the operation of the Website.

3.7. You agree that You will not reproduce, duplicate, copy, sell, trade or resell the content of the Website, unless You have been specifically permitted to do so in a separate agreement with GM.

3.8. You agree that You are solely responsible for the usage of the Website, and that GM has no responsibility to You or to any third party for, Your use of the website. However GM will provide all reasonable steps to provide you services in the appropriate manner.

3.9. You agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with Your use of the Website and that the reporting and payment of any such applicable taxes are Your responsibility.

3.10. GM reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content, products, materials or services from the Website. You agree that by using the Website You may be exposed to materials, products or services that You may find offensive, indecent or objectionable and that You use the website Website at Your own risk.

3.11. You agree that GM and its Affiliated Entities own all right, title and interest in and to the Website. You agree that GM has all the appropriate rights and licenses for the distribution of the Content, materials, products or services through the Website.

3.12. You agree that GM provides on the Website the technical services, which is not considered of any financial services. You agree that GM is not an financial company but a company which provides to the Users the technical service for operation on the Websites with GM notes.

3.13. You agree and guarantee to GM that you will not use the Website, GM notes for the purposes of money laundering, terrorist financing and any illegal transactions. Should GM has any reasonable evidence or suspicions that you breach this guarantee the provision of Services will be stopped immediately by GM.

3.14. You guarantee to GM that you are not FATCA REPORTABLE PERSON and you acknowledge and agree that GM does not provide any services on the territory of the USA. If you are FATCA REPORTABLE PERSON or you reside in the USA, you will not use GM. You guarantee that you will not use any type of virtual private network (VPN) and/ or proxi server and/ or other methods to use GM in breach if this clause 3.14.

3.15. If You intend to use the Services provided through the Website, You must register as a User of the Website and open an account (the «Account»); however, We reserve the right not to permit You to register an account with Us in Our sole discretion. If You want to use the main features of Our Services You will be required to provide Us with at least the following personal information, including, but not limited to Your contact information, Your legal name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding Your bank account (e.g., financial institution, account type, routing number, and bank account number). You agree to provide true, current, accurate and complete information including all identification information and documentation as requested by Us from time to time and You agree to promptly notify us of any changes to this information as required to keep such information up to date, complete and accurate. You certify that all identification documents submitted to Us are true copies of Your real and original ID documents.

3.16 We will likely ask You certain questions or request that You take actions in order to verify Your identity, or to comply with applicable law before You are able to use certain of Our services. You hereby authorize Us to, or for Us to use of third parties to make any inquiries We consider necessary to verify Your identity, protect against fraud and money laundering and generally comply with relevant laws, including verifying identity information contained in public reports (e.g., Your name, address, past addresses, or date of birth), verifying bank and credit/debit card account information, and to take action We reasonably deem necessary based on the results of such inquiries and reports including closing Your account. You further authorize any third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.

3.17 You are solely responsible for ensuring (i) Your Account and the maintenance, confidentiality and security of Your Account and all passwords related to Your Account including the digital wallet, and (ii) any and all activities that occur under Your Account, including all activities of any persons who gain access to Your Account with or without Your permission. You agree to notify Us by email of any unauthorized use of Your Account, any Service We provide to Your account or any password related to Your Account, or (iii) any kind of breach of security with respect to Your Account or any of Our services, and (iv) You agree to provide reasonable assistance to Us, as We may request, to deal with any breach of security related to Your Account.

3.18 It is Your sole responsibility to follow the rules and laws in Your country of residence and/or country from which You are accessing when using Our Services. Regulation of cryptocurrencies are growing world wide.  You undertake to comply with any and all applicable laws and regulations related to the Services and Your use of any virtual currencies derived from the Services.

3.19. You agree that GM can process the Client’s orders to conduct trading operations with crypto instruments on international crypto exchanges even in a case such trading operation may be unprofitable for the Client.

3.20. GM reserves the right to block the client or his trading accounts, in case of detection the client's activity or his accounts, aimed at disabling the company's hardware or software. In order to unblock the accounts, client has to contact the client support department.

3.2 1. Your Account and the accompanying digital wallet are completely NON-TRANSFERABLE.

3.2 2. You agree to pay the fees for trades completed via our Services («Fees») as set out on the Website, which We may change from time to time. Changes to the Fee Schedule are effective as of the effective date indicated in the posting of the revised Fee Schedule to the Services, and will apply prospectively to any trades that take place following the effective date of such revised Fee Schedule.

3.2 3. During of the provisions of the Services you authorize us to charge or deduct from your account or with respect to any transaction including transfers in and out the applicable Fees owed in connection with trades and transfers you complete via the Services.

3.2 4 . We may at any time assign our rights and obligations under these Terms and Conditions, in whole or in part, without notice to You. You may not assign these Terms and Conditions without our prior, written consent. These Terms and Conditions will inure to the benefit of and bind You and us and our respective personal and legal representatives, successors and permitted assigns.

  4. DESCRIPTION OF THE SERVICES ON THE WEBSITE

4.1. The User is entitled to use the Website as a technical service in a way allowed by the functionality of the Website and these terms and conditions.

4.2. User is entitled to create a GM note.

4.3. After the creation of the GM note the client is entitled to

  • Receive technical service of the Website to be connected to the cryptocurrency exchanges with the usage of the Website;
  • Use the services of the cryptocurrency exchanges subject to the rules of the cryptocurrency exchanges and these Terms and conditions;
  • Receive the technical solution of the cryptocurrency wallet from GM;
  • U se other functionality of the Website.

4.4. Services of the GM comprise the client terminal and client support service.

4.5. User is entitled to use the Website subject to following the AML laws applicable to the User in the country of the User.

4.6. GM will make all reasonable actions to make the usage of the Website client friendly for the User.

4.7. In regards to the Client’s trading operations GM does not provide trust services and consultations on trading.

5. GENERAL PROVISION

5.1. You may terminate these Terms by discontinuing Your access to and use of the Website and all materials, products and services obtained or downloaded from the Website.

5.2. GM may at any time terminate these Terms if any of the below is applicable:

  •  You use the services of the Website for the money laundering purposes or market manipulation;
  • You fail to comply with any significant provision of these Terms;
  • You provided the incorrect guarantees mentioned in this Terms;
  • GM will be obliged to do so pursuant to the applicable law;
  • GM decides to terminate the operation of the Website;
  • You cease to be the User.

Should GM terminate the relationship with you basing on clauses 5.2 (A) or 5.3 © above, GM reserves the right not to assist you to return you cryptocurrency from the cryptocurrency exchanges.

5.3. These Terms, as well as Your relationship with GM hereunder shall be governed by and construed in accordance with the laws of the Republic of Ireland, without regard to its conflict of laws provisions. You and GM agree that the courts of the Republic of Ireland shall have exclusive jurisdiction over any dispute arising out of these Terms of Use. Notwithstanding this, You agree that GM shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

5.4. GM reserves the right to change and revise these Terms of Use. Each time changes are made to these Terms of Use, GM will publish a revised version of the Terms of Use on the Website. The revised version of the Terms of Use shall be effective immediately upon publication. Your use of the Website following any change to these Terms of Use will constitute Your assent to and acceptance of the revised Terms of Use.

5.5. All Intellectual Property Rights to the Website or Services provided belong to GM.

5.6. The quotes, contained in the client’s terminal market watch window are indicative. Thus, GM does not guarantee that the trading operation will be conducted at the prices specified in the window, at the moment of the Client’s trading orders sending.

6. UNIQUE RISKS OF VIRTUAL CURRENCIES AND OUR SERVICES

6.1 . The Risk of Loss of Trading Virtual Currencies

Can be substantial and can be classified as «speculative» in terms of traditional classification of financial transactions. The «price» of virtual currencies fluctuates much more dramatically than traditional financial assets classes and it is possible that someday virtual currencies could have no value at all. GM is not liable for the results of the Clients’ trading operations conducting with crypto instruments on crypto exchanges.

6.2. High Instrument's Price Volatility

Crypto instruments have large intraday price change ranges. In some cases price changes for crypto instruments can be so fast that the Client cannot be guaranteed accurate execution of his/her order.

6. 3 . Our Services May be Suspended or Discontinued

At any time and for any reason whatsoever and Our Services may be suspended, terminated or modified in response to change in the cryptocurrency universe.  Please be aware that You may not always be able to trade as anticipated.

6.4. Risks relates to the third parties (such as Cryprocurrency exchanges and etc.)

You may understand that during provisions the Services to you GM provides the technical ability to access the cryptocurrency trading on the cryptocurrency exchanges. GM will do it’s best to provide Services in accordance with t the best market practices, however cryptocurrency exchanges and some technical services providers are beyond the control of GM. As such with acceptance of this Terms and conditions you agree the GM does not maintain the risks related to the third parties such as cryptocurrency exchanges for example. GM is not liable for obligations of crypto exchanges.

6.5. Technical Risks

Client assumes the risk of financial losses due to failures of information, communication, electrical and other systems of the third parties.

7. FORCE MAJEURE CONDITIONS

7.1. Force majeure conditions include:

  • any action, event or phenomenon, which, in the reasonable opinion of the Genesis Market LP, leads to destabilization of the market or markets, one or more instruments;
  • suspension of market operation, its liquidation or closur;
  • events that took place due to reasons beyond the control of the Company that impede the provision of the Company’s services to the Clients.

7.2. Having reasonable grounds, GM has the right to determine the limits of force ‐ majeure conditions. If force majeure events take place, the Company has the right to notify Clients of such events.

7.3. You agree that the Company or any third party providing the services of the Company will not be held responsible for any loss or damage caused by force majeure events.

7.4. In the case of force majeure conditions, GM has the right to take or not to take any actions in regards to Clients and the Company, if the Company basing on reasonable grounds considers it appropriate under the force majeure conditions.

8. DISCLAIMER OF WARRANTIES

8.1. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE WEBSITE IS PROVIDED ON AN «AS IS» AND «AS AVAILABLE» BASIS WITHOUT WARRANTY OF ANY KIND. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MATERIALS, PRODUCTS AND ANY SERVICES OFFERED OR RENDERED ON THE WEBSITE ARE PROVIDED «AS IS» AND «AS AVAILABLE», WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

8.2. YOU AGREE TO USE THE WEBSITE AND ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA AS A RESULT OF SUCH USE.

8.3. GM FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY.

9. LIMITATION OF LIABILITY

9 .1. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL GM BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF GM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2. GM IS NOT A REGISTERED INVESTMENT ADVISOR, BROKER/DEALER, FINANCIAL ANALYST, FINANCIAL BANK, SECURITIES BROKER OR FINANCIAL PLANNER. GM IS A TECHNOLOGY PROVIDER WHICH AMONG OTHER THINGS FACILITATES THE SHARING OF INFORMATION VIA THE INTERNET. ALL INFORMATION ON THE WEBSITE IS PROVIDED FOR INFORMATION PURPOSES ONLY. THE INFORMATION IS NOT INTENDED TO BE AND DOES NOT CONSTITUTE FINANCIAL ADVICE OR ANY OTHER ADVICE, IS GENERAL IN NATURE AND NOT SPECIFIC TO YOU. BEFORE USING THE COMPANY’S INFORMATION TO MAKE AN INVESTMENT DECISION, YOU SHOULD SEEK THE ADVICE OF A QUALIFIED AND REGISTERED SECURITIES PROFESSIONAL AND UNDERTAKE YOUR OWN DUE DILIGENCE. NONE OF THE INFORMATION ON OUR SITE IS INTENDED AS INVESTMENT ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS A RECOMMENDATION, ENDORSEMENT, OR SPONSORSHIP OF ANY SECURITY, COMPANY, OR FUND. GM IS NOT RESPONSIBLE FOR ANY INVESTMENT DECISION MADE BY YOU. YOU ARE RESPONSIBLE FOR YOUR OWN INVESTMENT RESEARCH AND INVESTMENT DECISIONS.

10. TAXES

10.1. GM  does not act as a tax agent.

11.ADDITIONAL PROVISIONS

11.1. You assume responsibility for ensuring the protection of equipment and software    on your side from virus, hacker and phishing attacks. The GM is not responsible for financial damage aggrieved to the Client resulted from a phishing attack.

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